Human Rights In Indonesia Research Articles

The Impact of Legal Policies on the Enforcement of Human Rights in Indonesia

The Impact of Legal Policies on the Enforcement of Human Rights in Indonesia

Analysis of Interfaith Marriage Arrangements in Islamic Family Law: Multiculturalism and Social Harmony Perspectives

This research aims to understand the analysis of Interfaith Marriage Arrangements in Islamic Family Law: Multiculturalism and Social Harmony Perspectives.Normative research is legal research that places law as a system of norms. The norm system itself is related to the principles, norms, rules of the legislation itself. The approach of examining statutory regulations aims to find out how consistent and appropriate the laws are with the legal problem or case being studied. Data collection techniques are a way of recording events or information, characteristics and all forms of information that describe the object of research. The results of research on interfaith marriages according to Islamic law as contained in the Word of Allah, Surah al-Baqarah verse 221, have confirmed that interfaith marriages are absolutely forbidden, apart from that, if you continue to carry out an interfaith marriage, many disputes will arise in the household because both partners have different opinions and beliefs. Interfaith marriage in Indonesia is a reality that continues to occur even though state law and religious law expressly prohibit it. In fact, if you look closely, Law no. 39 of 1999 concerning Human Rights in Indonesia does not explicitly regulate interfaith marriages. On the issue of more detailed marriage regulations, including the issue of interfaith marriages, Human Rights still returns it to the applicable laws and regulations, which in this case the Marriage Law in Indonesia is Law no. 1 in 1974.

Collocation of restorative justice with human rights in Indonesia

Applying restorative justice in Indonesia is beset by obstacles like a lack of knowledge, inadequate infrastructure, and opposition from law enforcement, especially when human rights considerations are incorporated into the process. For this reason, the relationship between these two elements is worth examining. This paper explores and analyses the integration or synthesis of restorative justice with human rights in Indonesia. This paper employs a normative approach with prescriptive analysis based on studies of legislation and cases that integrate the principles of restorative justice with human rights. The findings indicate that collocation helps understand how grammatical structures can reflect and influence the interpretation of restorative justice in human rights, particularly in legal texts and policy reports. In Indonesia, restorative justice can be used in conjunction with the enforcement of human rights laws, particularly when addressing grave human rights breaches, since it emphasizes balanced reconciliation, recovery, and reintegration between offenders, victims, and society. In conclusion, although it has several implementation and legal issues, restorative justice can be an alternate strategy for resolving grave human rights breaches. The recommendations are for a stronger and more comprehensive legal framework to support the implementation of restorative justice in Indonesia's human rights context.

Theological defense for human rights in Indonesia

Theological defense for human rights in Indonesia

Implementasi Peraturan Hukum dan Upaya Represif yang Dilakukan Untuk Menangani Kasus Pelanggaran HAM di Indonesia

This study explores the positive legal perspective that exists in Indonesia on human rights violations. (HAM). As a state of law, Indonesia has a responsibility to deal with various issues related to the public interest, including human rights violations. The findings can be concluded that the legal protection of human rights in Indonesia is naturally contained in the values of the Pancasila before the formation of the specific legal substance regarding human rights. With the method of normative jurisprudence research, this article is titled Implementation of the Law Regulations and Repressive Efforts to Deal with the Cases of Human Rights Violations in Indonesia by the process of collection of literary material through scrutiny, analysis, and systematic compilation of findings. The aim of this study is to examine in depth how the law is applied to cases of human rights violations in Indonesia as well as what the government is doing as a repressive effort to resolve human rights cases in Indonesia. The findings can be summarised by the fact that every country continues to strive to enforce human rights through different systems and actions, including Indonesia. In Indonesia, human rights issues are dealt with through various methods, including consultation, negotiation, media, and consultation. Governments should focus on dealing with the needs and conditions of the people, not just legal issues. Human rights issues in various regions are dealt with through various strategies, such as national and international mechanisms, the Commission on Human Rights, non-judicial machinery, and the Indonesian Human Rights Commission.

Legalization of Medical Marijuana Use in Legal Perspectiveand Human Rights

Provisions in Law Number 35 of 2009 concerning Narcotics regulate that marijuana is included in class one. Marijuana is a narcotic which is categorized as an addictive substance with a very high scale of danger to health. Marijuana is a substance/drug that can cause a decrease or change in consciousness, loss of taste, reduce pain and is addictive (dependence). Marijuana is included in a group that cannot be used in general, but in certain doses and with the permission of the government, in this case the Minister, it can be used for the development of science. Researchers say that Marijuana makes a positive contribution, and is generally safer to consume than drugs other than Marijuana which contain many chemical ingredients, thus causing side effects in the medical world. What is discussed in this research is how the use of marijuana is regulated by law in Indonesia and whether the use of medical marijuana violates human rights in Indonesia. The research method in this writing is normative research, using a statutory approach, case approach and conceptual approach. This research concludes that regulations on the use of marijuana are contained in Law No. 35 of 2009 and the use of medical marijuana does not violate human rights.

Analysis of Indonesian Human Rights and Islamic Criminal Law on Chemical Castration as An Effort to Tackle Criminal Acts of Sexual Violence Against Children

Analysis of Indonesian Human Rights and Islamic Criminal Law on Chemical Castration as An Effort to Tackle Criminal Acts of Sexual Violence Against Children

Rencana Aksi Nasional Hak Asasi Manusia (RANHAM) 1998-2003: dalam Mewujudkan Masa Reformasi Demokratis

The 1998-2003 National Human Rights Action Draft (RANHAM) was an initiative of the Indonesian government that was launched after a period of political reform in 1998. This RANHAM aims to strengthen the protection and promotion of human rights in post-New Order Indonesia. Some of the main points in the RANHAM include community empowerment, legal reform, eradication of torture, protection of women's and children's rights, and strengthening human rights protection institutions such as Komnas HAM. RANHAM 1998-2003 is part of a broader effort to change the human rights paradigm in Indonesia after the authoritarian era. However, its implementation has not always gone smoothly, and challenges remain in the advancement of human rights in post-Reformasi Indonesia. This paper aims to analyze how the realization of RANHAM 1998-2003 and as a projection in the implementation of RANHAM today to be in accordance with what has been conceptualized from the beginning about RANHAM. The research method used in this paper is a qualitative descriptive research method which is to explain thoroughly about the problem by describing it. The data used in this writing comes from official documents, government evaluation reports and reports of human rights institutions that are collected and analyzed to then be described. In fact, it can be concluded that the RANHAM aims to strengthen the protection and promotion of human rights in Indonesia after the New Order period.

Menegakkan Ham dan Mempertahankan Nilai Pancasila Dalam Masyarakat

This article discusses how to uphold human rights values ​​in Indonesian society based on Pancasila. The Pancasila ideology is seen as the basis of the Indonesian state because it contains several principles, such as the principles of divinity, humanity, nationality, sovereignty and social justice. Pancasila values ​​must be implemented in upholding human rights in society, taking into account the principles that have been previously established. Human rights in Indonesia are regulated by Pancasila and the 1945 Constitution. Implementation of human rights requires efforts from the government, non-governmental organizations and society to create an environment that supports respect for human dignity. Handling issues related to human rights and Pancasila values ​​is required with an inclusive approach and constructive dialogue. This article aims to discuss how human rights values ​​can be implemented in Indonesian society based on Pancasila. Apart from that, the article also aims to highlight the importance of implementing the noble values ​​of Pancasila in upholding human rights in Indonesia. The research method used in this article is text analysis and interpretation of human rights values, Pancasila ideology, the Basic Laws of the Republic of Indonesia, and implementation of noble values ​​of Casila in upholding human rights in Indonesia. The importance of implementing the noble values ​​of Pancasila in upholding human rights in Indonesia is also emphasized, by involving the government, non-governmental organizations and society in creating an environment that supports respect for human dignity. An inclusive approach and constructive dialogue are also considered important in dealing with issues related to human rights and Pancasila values.

Injustice Behind Rights: Unveiling the Paradox of Wrongful Arrest Victims

This research aims to examine the phenomenon of mistaken arrest and its impact on the rights of victims, particularly concerning compensation and rehabilitation mechanisms. Cases of wrongful arrest are frequent in Indonesia; however, the compensation and rehabilitation mechanisms for victims are still suboptimal, resulting in injustice for those whose rights have been violated. This study differs from previous research in that it specifically focuses on the compensation and rehabilitation mechanisms for victims of wrongful arrest in the context of human rights enforcement in the Manokwari region, rather than addressing mistaken arrest cases generally. Qualitative methodology is employed to understand the phenomenon and its implications for human rights in Indonesia. Data is gathered through interviews and document analysis. The study finds that compensation and rehabilitation mechanisms for victims of wrongful arrest still face various normative and non-normative challenges, resulting in injustice for victims who do not fully receive their rights. Legal reforms and increased awareness among law enforcement officials are crucial to ensure the fulfillment of the rights of wrongful arrest victims. The implications of these reforms and increased awareness can lead to a fairer and more accountable criminal justice system, where human rights are respected and protected.

Analisis Terhadap Perlindungan Perempuan Korban Kekerasan Seksual Dari Segi Hak Asasi Manusia Dalam Sistem Hukum Positif Indonesia

The aim of the research is to determine and analyze the concept of protecting women victims of sexual violence in terms of human rights in Indonesia's positive legal system. And to find out and analyze the form of state responsibility in protecting women victims of sexual violence in terms of human rights in Indonesia's positive legal system. The type of research, namely Normative Juridical, is legal research that places law as a building system of norms. The legal materials used in this research come from primary legal materials obtained directly from legal materials, both primary legal materials and secondary legal materials. In this case the author will try to collect information that is relevant to the topic or problem being researched, as well as examine in depth the information collected and synchronize it with the main problem in this thesis. The concept of protecting women victims of sexual violence in terms of human rights in Indonesia's positive legal system is that victims have the right to obtain their rights which are generally regulated in Article 5 of Law Number 31 of 2014 concerning Amendments to Law Number 13 of 2006 concerning Protection. Witnesses and victims also have the right to receive medical assistance, rehabilitation, compensation and restitution. Forms of State Responsibility in Protecting Women Victims of Sexual Violence In terms of Human Rights in Indonesia's Positive Legal System, namely that the State has the responsibility to provide protection and a sense of security to its citizens. In this case, especially for women who are victims of sexual crimes.

Wage Regulation of Outsourced Workers After the Omnibus Law of the Labor Cluster Based on Wage Theory

This research investigates the effects of the enactment of the Job Creation Law (Law Number 11 of 2020) in Indonesia on labor regulations, specifically focusing on wage regulation for outsourced workers and its implications for human rights. Employing a normative juridical approach, the study examines legal materials such as laws, regulations, court decisions, and expert opinions. Through qualitative analysis techniques, the pre- and post-Job Creation Law regulations concerning outsourced workers' wages are explored. The findings uncover significant changes in wage provisions, including the elimination of sectoral minimum wage regulations and the reduction in types of wages for outsourced workers. Moreover, the research reveals discrepancies between the Job Creation Law and international conventions' indicators of freedom, availability, accessibility, and suitability. Concerns are raised regarding the adequacy of workers' rights protection, accessibility to fair wages, and the inclusivity of vulnerable groups within the legal framework. This study contributes to understanding the Job Creation Law's implications for labor and human rights in Indonesia, highlighting areas where the law may fail to ensure equitable treatment and fair compensation for outsourced workers. Policy recommendations aimed at upholding human rights standards in labor regulations are proposed based on the study's findings.

Public Perception of the Impact of Technological Challenges on Human Rights in Indonesia

This qualitative research investigates public perceptions of the impact of technological challenges on human rights in Indonesia. Through in-depth interviews with 15 participants from various backgrounds, this research explores the perceived benefits and challenges of technology, attitudes towards government regulation, and trust in technology companies. The findings reveal a nuanced understanding of the intersection of technology and human rights, highlighting concerns about privacy, freedom of expression, and corporate accountability. While technology offers opportunities for empowerment and connectivity, it also carries risks such as data breaches, online censorship and the digital divide. This study underscores the importance of balancing innovation with the protection of fundamental rights and calls for transparent, accountable and ethically responsible practices in the digital realm.

Tinjauan Yuridis Tentang Implementasi Prinsip Pancasila Sebagai Landasan Politik Di Indonesia

Pancasila has been the main political foundation in Indonesia since its independence in 1945. The implementation of Pancasila principles in state politics has been the subject of important juridical debate. This article investigates the juridical review of the implementation of the Pancasila principles as a political foundation in Indonesia. Through analysis of the constitution, court decisions, and academic discussions, this research explores how the principles of Pancasila are understood, interpreted, and applied in the Indonesian political context. The results of this research provide an in-depth understanding of the role and relevance of Pancasila in the formation of public policy and the protection of human rights in Indonesia. Pancasila, as the foundation of the Indonesian state, has a very important role in determining the direction of state political policy. The implementation of Pancasila principles as a political foundation has become a significant debate in the juridical context in Indonesia. This research aims to conduct an in-depth review of the implementation of Pancasila principles in Indonesian political policy juridically.

Human Rights as Fundamental and Universal Rights in Regulating the Fulfillment of the Rights of Women Victims of Sexual Violence

Sexual Violence and Human Rights in Indonesia, is a crucial issue in Indonesia, taking away the human rights and dignity of victims. Stigma and lack of protection exacerbate the situation. This article examines the relationship between sexual violence and human rights in Indonesia, and explores solutions for building a future free from sexual violence. This research uses a sociolegal method (mix method) with statutory, conceptual, factual, sociological and comparative approaches. Primary data was obtained from field research in Bali, and secondary data from various sources. Sexual violence is a serious human rights violation, and states have an obligation to protect victims and enforce the law. Stigma and lack of access to recovery services hinder the fulfillment of victims' rights. The Universal Declaration of Human Rights (UDHR) and other human rights instruments affirm the right to security, freedom and dignity. Sexual violence violates these human rights principles. Collective efforts are needed to build an Indonesia free from sexual violence. These efforts include: Strengthening regulations and law enforcement. Increase public education and awareness. Building a support and recovery system for victims. Combat stigma and build positive narratives about victims. This research contributes to the understanding of the relationship between sexual violence and human rights in Indonesia, and offers solutions to build a better future for victims.

Analysis of Criminal Policy against Perpetrators of Terrorism Crimes: Perspectives on the Death Penalty and Human Rights in Indonesia

The extent of the terrorist network in Indonesia threatens the threat and integrity of the Republic of Indonesia, manifested in broad trends, organization and systematic networks. Terrorist attacks are increasingly brutal, targeting innocent civilians. The threat is increasingly complex with increasing radicalization and online recruitment, requiring comprehensive action, including cooperation with government agencies, security forces, intelligence, and civil society, as well as a comprehensive approach involving intelligence, community participation, and addressing the root causes of radicalization to eradicate terrorist networks . Eradicating criminal acts of terrorism is a serious challenge for the Indonesian government, with one of the complicated aspects being the implementation of the death penalty against perpetrators of terrorism. This article analyzes Indonesian criminal policy, explains the method of punishment, the Human Rights (HAM) perspective, and critical views on the death penalty. In conclusion, it is important to strike a balance between efforts to enforce the death law and the desire for the principles of human rights and justice in the context of eradicating terrorism. Continuous evaluation of the application of the death law and open dialogue involving various parties are the keys to reaching an agreement that upholds humanitarian values and justice in efforts to overcome criminal acts of terrorism in Indonesia.

Analysis of the Legal Outputs of State Institutions: The Case of the Constitutional Court of the Republic of Indonesia

The Constitutional Court (MK) safeguards the constitution, specifically the 1945 Constitution of the Republic of Indonesia. The Constitutional Court issues a variety of legal documents, including decisions, decrees, rules, and rulings, as part of its responsibilities and jurisdiction. The ruling of the Constitutional Court carries paramount significance as a legal outcome. The ruling of the Constitutional Court is conclusive and obligatory, applying to both governmental bodies, individuals, and legal companies. The rulings made by the Constitutional Court have the power to nullify or modify laws, government regulations, presidential regulations, ministerial regulations, or regional rules that are in contradiction with the 1945 Constitution of the Republic of Indonesia. The decrees of the Constitutional Court can establish rules for the process of reviewing cases, the selection and appointment of constitutional judges, and other subjects concerning the responsibilities and powers of the Constitutional Court. Constitutional Court rules are legally enforceable items that typically serve as regulatory measures. The regulations of the Constitutional Court might govern issues pertaining to the administration and management of the Constitutional Court, as well as other concerns concerning the responsibilities and jurisdiction of the Constitutional Court. The decisions made by the MK can govern various aspects pertaining to cases under its jurisdiction, including the determination of court expenses, the appointment of temporary judges, and other relevant topics concerning the case. The legal outputs of the Constitutional Court play a crucial role in upholding the constitution, ensuring law enforcement, and safeguarding human rights in Indonesia.

The crime of abortion of the unborn child examined through the perspective of human rights in Indonesia

The crime of abortion of the unborn child examined through the perspective of human rights in Indonesia

Instrument for Protection and Enforcement of Human Rights in Indonesia

Human rights are an inseparable component of human life, both in the social, economic, religious, political and even educational fields, because these rights are an integral part of every human being since birth. In addition, the context of the discussion of Human Rights cannot be separated from the scope of the state, because it has become an obligation for a country to guarantee and protect this right under any conditions, Indonesia is also one of the countries that provide guarantees and protection for every right. human rights, although in reality its implementation can still be categorized as not conducive, because this can be seen in the development of cases that allude to the issue of upholding human rights in Indonesia. During the reform era in Indonesia, there were several amendments to the 1945 Constitution. These amendments aimed to improve and strengthen the democratic system and protect human rights. In 1999, the first amendment was made to the 1945 Constitution. This research aims to find out the basic legal concept of protecting and enforcing human rights law in Indonesia, besides that it also aims to increase public insight into the importance of human rights values in the context of state life. In this research the author uses a normative approach by examining several materials or literature data which also discusses the issue of basic legal concepts of protection and enforcement.

Interreligious Marriages after Sema Number 2 of 2023

Indonesia has a plurality of religions adhered to by its population. The issue of marriage in Indonesia has become a polemic because often couples who will enter into a marriage of different religions avoid the existing laws in Indonesia by entering into marriage abroad, or continue to carry out marriage even though they are of different religions, while some convert to the religion of one of the partners so that the marriage can take place. The turmoil that arose to the surface after the birth of SEMA Number 2 of 2023 made the assumption that its contents were incompatible with Indonesia's diversity and Pancasila, a setback in guaranteeing the rights and freedoms of citizens from diverse backgrounds, and curbing the freedom of judges in interpreting and making decisions that were as fair as possible according to the trial. The type of research used is Normative research, which relies on primary legal materials with a statutory approach. The purpose of this research is to find out the syncranization and harmonization of SEMA 2 Year 2023 in the regulation of interfaith marriages in Indonesia. The conclusion of this research is that SEMA No. 2 of 2023 does not contradict the existing laws above it when associated with existing marriage regulations in Indonesia because marriage law in Indonesia submits the validity of marriage based on each religion. Human rights in Indonesia in Law Number 39 of 1999 concerning human rights marriage is carried out in accordance with statutory provisions, SEMA is not a legal product, but only as a guide for judges in deciding cases of interfaith marriages.